Does my daughter have to agree to a paternity test? 13 Answers as of January 24, 2014

My daughter is 17 and is 5 months pregnant. She is due in May of this year. My question is does she have to agree to a paternity test? The supposed father of the child has denied from the beginning that he is the father. He said he didn’t think he could have kids due to chemo making him sterile. Now he says after the baby is born he wants a paternity test and my daughter has said no. He has not participated at all in this pregnancy. What should we do? She wants nothing from him at all and has not asked anything from him.

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She does not have to agree at this time, however if the purported father files a petition to establish paternity, the court can and will order her to comply with a DNA test. I would suggest consulting an attorney for more information.

What does the fact that she or you have not asked for anything have to do with whether or not he is the legal father, mothers do not have some form of right over a child to the exclusion of the father, I see nothing in your question that makes him any less fit then your daughter to parent this child.

Yes he can have a court order a paternity test. If he is the father then he has paternal rights to the child. He also will have the legal obligation to support the child and will have the right to visitation.

She does not have to do one voluntarily, but he can institute a Paternity action after the child is born and the Court will order her to cooperate. Also, if she receives any public benefits at all (Medicaid for the child, food stamps, ADC, etc.), the State can also file a paternity action to establish child support and she will be required to cooperate. The child and father have a constitutional right to a relationship with each other. If she has concerns about the father's involvement, visit with an attorney about her options.

In SC, if he thinks the child is his and wants to be involved with the child, he does have the same rights as every other parent of a child. He can bring an action to establish paternity and for custody / visitation rights with the child. You should consult a local attorney as soon as possible regarding this matter. I do hereby clearly advise against any reliance on the information as advice or application of it to a specific situation without a more thorough consultation with counsel.

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